10 Tex. Admin. Code § 23.30 - Homeowner Reconstruction Assistance (HRA) General Requirements
(a) Program funds may be used for the
following under this subchapter:
(1)
Reconstruction of housing on the same site meeting the following conditions:
(A) Replacement of an owner-occupied
site-built house with either a new site-built house or a new Manufactured
Housing Unit (MHU) on the same site;
(B) Replacement of an owner-occupied MHU with
a new MHU on the same site;
(C) A
unit that is not owner-occupied has been destroyed may be eligible for
Reconstruction under subparagraph (A) or (B) of this paragraph if:
(i) the unit was the Principal Residence of
the Household as of the date of destruction where evidence of the Household's
Principal Residence is established by a homestead exemption from the local
taxing jurisdiction and Household certification in effect at the date of
destruction; and
(ii) HOME funds
are committed within 12 months of the date of destruction.
(2) New Construction of
housing meeting the following conditions:
(A)
Construction of site-built housing on the same site to replace an existing
owner-occupied MHU;
(B) Replacement
of existing owner-occupied housing with an MHU or construction of site-built
housing on another site contingent upon written approval of the Department;
or
(C) Replacement of a housing
unit determined to be uninhabitable within four years of submission of a
Reservation for funds on the same site or another site when:
(i) the unit has been rendered uninhabitable
as a direct result of a natural or man-made disaster, a condemnation order from
the unit of local government, or a determination from the unit of local
government that the unit presents an imminent threat to life, health, and
safety of occupants; and
(ii) the
Household's Principal Residence is established by a homestead exemption from
the local taxing jurisdiction as of the date of the disaster, condemnation
order, or determination of uninhabitably though a Certification.
(b) If a
housing unit has an existing mortgage loan and Department funds are provided in
the form of a loan, the Department will require a first lien position if the
existing mortgage loan has an outstanding balance that is less than the
investment of HOME funds and any of the statements described in paragraphs (1)
- (3) of this subsection are true:
(1) A
federal affordability period is required;
(2) Any existing mortgage has been in place
for less than three years from the date the Household applies for assistance;
or
(3) The HOME loan is structured
as a repayable loan.
(c)
The Household must be current on any existing mortgage loans or home equity
loans. If the Department's assistance is provided in the form of a loan, the
property cannot have any existing home equity loan liens.
(d) Total Project costs, exclusive of Match
funds, are limited to the amounts described in §23.27, Project Cost
Limitations.
(e) For New
Construction Activities, the assistance to an eligible Household shall be in
the form of a loan in the amount of the Direct Activity Costs excluding Match
funds. The loan will be at zero percent interest and include deferral of
payment and annual pro rata forgiveness with a term based on the federal
affordability requirements as defined in
24 CFR §
92.254.
(f) For Reconstruction Activities, the
assistance to an eligible Household will be in the form of a grant agreement
with a five year affordability period.
(g) To ensure affordability, the Department
will impose resale and recapture provisions established in this
Chapter.
Notes
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